When same-sex couples in Georgia make the difficult decision to end their marriage, one of the key issues they need to address is the division of their property. Unlike some other states that follow community property laws, Georgia employs an equitable distribution system, which aims to divide assets in a just and fair manner. However, same-sex couples may face unique challenges when it comes to property division.
The Equitable Distribution Approach in Georgia
According to Georgia law, marital property includes any assets acquired by either spouse during the marriage, regardless of who made the purchase or whose name is on the title. This covers a broad spectrum of assets such as the family home, retirement accounts, vehicles, and even personal items like furniture, clothing, and jewelry. Non-marital property, on the other hand, refers to any property acquired before the marriage, assets that were gifted or inherited, and those acquired after the separation.
In the case of a same-sex divorce, the same rules and principles apply. Both spouses have a right to an equitable distribution of marital property, regardless of whether the assets were obtained jointly or individually. The court takes various factors into consideration when determining the distribution, which may include the duration of the marriage, the income and potential earnings of each spouse, their age, overall health, and even the individual contributions made towards the acquisition and maintenance of the assets.
Navigating the Division of Joint Property
Joint property holds significant importance in many same-sex divorce cases. This type of property can encompass bank accounts, real estate, investments, and even businesses. In Georgia, the court does not automatically split joint property on a 50/50 basis. Instead, it assesses multiple factors to determine a fair and equitable distribution.
In most instances, the court strives to divide joint property in such a way that both spouses can maintain their standard of living. For instance, if one spouse is awarded the family home, the other spouse may receive a larger portion of other assets or may be entitled to alimony as compensation. When it comes to joint custody of their children, the court may impose a division of assets that ensures each spouse can provide a stable home and lifestyle for their shared children.
Safeguarding Non-marital Property
For same-sex couples, having non-marital property, including assets obtained prior to the marriage or inherited, can offer some protection during the equitable distribution process. Such property is generally excluded from the division of assets. However, it is crucial to establish clear identification and proper documentation of non-marital assets. Maintaining detailed records, including receipts that verify the origin of these assets, as well as any agreements made between spouses regarding the exclusion of such property from marital assets, is highly advisable.
Seek Legal Assistance for a Same-sex Divorce
Same-sex divorces can be intricate, with each case presenting its own unique circumstances. If you are considering a divorce in Georgia, it is crucial to hire a knowledgeable attorney who can guide you through the legal process, ensuring your rights are protected. An experienced lawyer will also assist you in developing a property division strategy that both aligns with Georgia law and meets your specific needs. With the right legal guidance, you can confidently move forward, embarking upon a new chapter of life after your divorce.